6.  The applicant was born in 1975 and lives in Dunakeszi.
7.  At the time of introducing the application, the applicant, a university dropout and unemployed, lived on financial support from his mother and grandmother.
8.  On 12 September 2006 the applicant’s mother consulted her psychiatrist, Dr M., complaining of suffering from distress due to the “strange behaviour” of her son. According to the mother’s medical file, she stated that the applicant “kept wandering in town”, “did not have any friends” and “did not look after himself”. In response, Dr M. informed her of the possibilities either to commit the applicant to a psychiatric hospital for emergency treatment or to initiate a procedure for obtaining his mandatory institutional treatment, if necessary.
9.  On 6 November 2006 the mother informed Dr M. that the reason for her having previously moved out of their common flat was the applicant’s “strange behaviour” and that she was afraid of returning. On 4 December 2006 Dr M. noted in the mother’s medical file that she was discussing with her the problems concerning the applicant, whom his mother perceived as psychotic.
10.  During their subsequent consultations, the mother repeatedly mentioned to Dr M. that the reason for her anguish was that the applicant had not taken up a proper job and still lived on financial support from his family. In her medical file Dr M. reiterated the view that the mother’s problem originated in her son’s conduct perceived as psychotic by the mother.
11.  On 17 September 2007 the applicant was called on to meet Dr M. They discussed the applicant’s dropping out of university and his inability to meet his mother’s expectations. Dr M.’s diagnosis was “paranoid schizophrenia under observation”.
12.  Subsequently Dr M. gave the applicant an appointment for a psychological examination, which took place on 22 September 2007. On that day, Dr L. examined the applicant and found that he was characterised “by schizoid isolation, sensitive attitude and paranoid behaviour”.
13.  Further sessions involving the applicant, Dr M. and Dr L. took place on 24 and 28 September and 3 and 5 October 2007. At these sessions he expressed his interest in politics and voiced hopes of being elected Mayor of Budapest. Dr M. was trying to find out the reasons for his social isolation and convince him about the need to reconcile his projects with reality. The applicant missed two sessions scheduled for 12 and 19 October 2007.
14.  Having noted that the applicant’s ideas had remained megalomaniac, on 24 October 2007 Dr M. confronted the applicant with her view that his social isolation was due to a psychiatric disorder.
15.  On 31 October 2007 the applicant renounced further counselling by Dr M. About the same time, he also stopped seeing Dr L.
16.  On 5 and 6 November 2007 the mother complained to Dr M. that she, in despair because of the applicant’s condition, was unable to pay her utility bills, exorbitant due to the applicant’s habit of using too much water for “ritual bathing”. Dr M. explained to her that the applicant was expected to seek treatment voluntarily.
17.  Since the applicant did not do so, on 26 November 2007 Dr M. requested the Dunakeszi District Court to order his mandatory institutional treatment. This application consisted of a pre-printed form stating that there was a possibility that the applicant’s conduct would become dangerous because of a mental disorder. Dr M. completed the form by adding that the applicant’s mother asked her for assistance since she had the suspicion that her son was mentally ill, that the applicant had contacted Dr M. upon notice, that he had not worked for eight years, was supported by his mother, lived an isolated life, and did not get in touch with anyone, and finally that he was short‑tempered towards his mother, who had moved away from the flat as the patient’s behaviour was threatening.
18.  On 11 December 2007 the Dunakeszi District Court held a hearing. For the purposes of the ensuing proceedings, a guardian ad litem was appointed for the applicant. The District Court heard Dr M. In her testimony, she repeated in essence the elements contained in the application for mandatory treatment. She stated that she had suspected that the applicant might have a psychiatric illness when, on 12 September 2006, the mother had told her that the applicant had refused to use a micro-wave oven for fear of radiation, and that she had concluded that the applicant was psychotic on 24 September 2007 when he had mentioned his hope of being elected Mayor of Budapest.
19.  Dr M. related that, in addition to the applicant’s mother, his grandmother and her partner, living next door to the applicant, were also concerned about his odd conduct. She stated that she had the suspicion that the applicant suffered from paranoid schizophrenia. She also mentioned that the applicant had on several occasions visited a psychologist, Dr L., who had observed stress and paranoid symptoms which, however, did not amount to a pathological or psychotic mental state, although the applicant had been capable of disguising his symptoms.
20.  Dr M. specified that she had instituted proceedings for the applicant’s mandatory treatment after he had refused to be counselled by her.
21.  The District Court then heard the applicant. It noted that his replies were disoriented and erratic. He was asked questions about his lifestyle and hobbies, his relationship with his grandmother, his willingness to take up a job as well as any illnesses he had. He said he was considering the necessity of a job and of seeking advice from social workers or medical help from health professionals, excluding Dr M.
22.  During the hearing the court ordered a forensic psychiatrist, Dr H., to prepare a medical opinion about the applicant’s condition. This psychiatric evaluation was done during the break in the court hearing, in approximately forty minutes. Neither the guardian ad litem nor the applicant had the opportunity to learn about the expert opinion prior to the resumed hearing. Dr H. did not produce any written opinion at this stage; she presented her testimony to the court verbally following the break. Its written version was faxed to the court on 13 December 2007.
23.  Dr H. considered that the applicant suffered from delusional schizophrenia, characterised by grandiose delusions, bizarre elements of lifestyle and partial insight into his condition. She specified that she considered the applicant’s treatment necessary since otherwise his health would decline, whereas therapy might improve his condition. She was of the view that the applicant could not take care of himself, by which he represented a significant danger to himself. She was not convinced that the applicant would voluntarily seek outpatient care but suggested that a decision on compulsory treatment be postponed for six months, in order to observe the applicant’s conduct. The judge pointed out that no such option was allowed under the relevant law.
24.  On 18 December 2007 the District Court held another hearing, at the beginning of which Dr H.’s report was handed over to the applicant and his guardian ad litem. Dr M. was summoned but failed to appear. The guardian argued in essence that the applicant’s behaviour was not dangerous and that he posed no significant threat either to himself or others. He noted that neither Dr M.’s nor Dr H.’s testimony contained elements pointing to the applicant’s representing any danger.
25.  On the same day the District Court ordered the applicant’s mandatory institutional treatment. Relying on the medical opinions, it accepted that he suffered from schizophrenia with grandiose delusions and was satisfied that he posed a danger to his own health by failing voluntarily to subject himself to psychiatric treatment and by not looking after himself. The court affirmed that “appropriate medical treatment would improve [the applicant’s] condition” and that, if untreated, his health would decline. It observed the applicant’s statement about his willingness to seek medical help voluntarily but was not convinced that he would actually do so.
The court’s decision was based on sections 188(b) and 200(1) of the Act no. CLIV of 1997 on Health Care (“the Health Act”) and on the Supreme Court’s leading case (EBH2004.1130) (see below paragraphs 32-33).
26.  On 27 December 2007 Dr H. submitted to the court her opinion in hard copy. On the same day the applicant contacted the MDAC seeking advice on possible remedies against the court order. He was advised to appeal against the decision. During the second-instance proceedings, the applicant continued to be represented by the guardian ad litem appointed for him by the District Court, whereas MDAC provided him with additional legal advice.
27.  On 14 January 2008 the guardian ad litem appealed to the Pest County Regional Court. He argued that the conditions for mandatory treatment as required by the Health Act were not fulfilled, since the evidence provided by the two psychiatrists involved did not prove the applicant’s significant dangerous character but consisted of no more than vague predictions of an eventual deterioration in the applicant’s condition. The decision was not in conformity with the Health Act, since the District Court had established the applicant’s dangerous character relying on his lifestyle rather than a mental illness and its symptoms; in fact, the forensic expert had merely suspected the presence of a mental disorder and her opinion did not contain a proper diagnosis or substantiate that the degree of the applicant’s mental illness warranted mandatory treatment.
28.  On 12 February 2008 the Regional Court dismissed the applicant’s appeal and upheld the first-instance decision, endorsing in essence its reasoning. This decision was served on the applicant on 4 March 2008; the time-limit to file a petition for review by the Supreme Court accordingly expired on 3 May 2008.
29.  On 27 March 2008 the applicant’s treatment commenced at Vác Hospital. On admission, he was held in the closed ward of the psychiatric department. Two weeks later he was transferred to the regular ward of the department.
30.  On 25 April 2008 the geographically competent Vác District Court conducted a review of the applicant’s hospitalisation. Relying on the opinion of forensic expert Dr T. – according to whom the applicant, whose condition had improved, suffered from schizophrenia hallmarked by residual symptoms of a psychotic state, but represented no direct danger and was willing to accept voluntary treatment – it held that the conditions for mandatory treatment were no longer met in the applicant’s case and ordered his release.
31.  On 6 May 2008 the MDAC attempted to obtain a copy of the petition for review from the court for their records and found out that it had never been lodged by the applicant’s guardian ad litem, despite his exclusive entitlement and his promise to do so.